supervisor, showing the date, amount and date of maturity of each. All moneys to be derived from the sale of bonds shall be kept in a separate fund by the supervisor, and all orders for the payment of such moneys shall be drawn only by the authority of the town board, signed by the supervisor of the town, and countersigned by the town clerk. Before the supervisor shall advertise any such bond, he shall execute to such town, and file with the town clerk a special bond, with sufficient sureties, to be approved as to its form and sufficiency, by a majority of the town board, exclusive of the said supervisor, conditioned for the faithful execution of his duties in reference to the sale of said bonds, and applications of the proceeds under the direction of the said town board. At any time, when in the opinion of a majority of the members of such town board the moneys entrusted to such person as supervisor shall be deemed unsafe, or the surety insufficient, they may require a new and further bond, with like conditions as the first, and in such penalty and with such sureties as they may deem requisite and proper. Should default be made in the giving and filing of the bond as herein provided for, within the time limited herein, or if the supervisor neglect to renew his bond as last hereinbefore provided for, the town clerk, at the request of the said board, shall cause a written notice to be served upon the person so in default, requiring him to furnish such bond, or such renewal, as the case may be, within ten days from the day of service of such notice. Id., § 2.

7c Work to be done by contract. The work done on the roads and highways under and by virtue of the provisions of this act shall be awarded to the lowest responsible bidder, who shall furnish security satisfactory to the majority of the town board and highway commissioners of the town. The said highway commissioners and town board of such town are authorized and directed to advertise for any and all work done under the provisions of this act at least once a week for two weeks in a paper published in the county seat of the county in which such town is situated. Said advertisement for such work to be done shall contain a sufficient specification of the character and extent of the work to be done, and the places designated by a special town meeting in said town where the work is to be done. Id., § 3.

8 Custody of stone-crushers. Such machine, when purchased, shall be under the care and custody of the commissioners of highways of the town; and where there is an incorporated village constituting a separate highway district, in any town, they may, by an agreement with the trustees of the village, permit an equitable use of the machine to such separate village district. L. 1890, c. 568, § 8. [Note.-Revised from L. 1884, c. 220, § 3. (See Birdseye's R. S., 1st ed., p. 1330.) Under the former provisions all these duties devolved upon the supervisor of the town.]

9

Additional tax. Whenever the commissioners of highways of any town shall determine, that the sum of five hundred dollars will be insufficient to pay the expenses actually necessary for the improvement of highways and bridges, they may cause a vote to be taken by ballot at any town-meeting, to be duly called, authorizing such additional sum to be raised as they may deem necessary for such purpose, not exceeding one-third of one per centum upon the taxable property of the town, as shown by the last assessment-roll thereof. Id., § 9. [Note.- Revised from L. 1832, c. 274, and L. 1857, c. 615, § 1. p. 1333.) This section varies materially from the old law. could not exceed $750.]

(See Birdseye's R. S., 1st ed., Formerly the additional sum

12 N. Y. 58; 119 id. 280; 133 id. 477; 34 Hun, 142; 57 id. 346; 32 N. Y. St. R. 408; 42 id. 54; 45 id. 876; 116 N. Y. 476.

10 Extraordinary repairs of highways or bridges. If any highway or bridge shall at any time be damaged or destroyed by the elements or otherwise, or become unsafe, the commissioner of highways of the town in which such highway or bridge may be situated, may, with the consent of the town board, cause the same to be immediately repaired or rebuilt, although the expenditure of money required may exceed the sum raised for such purposes as hereinbefore provided; and the commissioners of highways shall present the proper vouchers for the expense

thereof to the town board, at their next annual meeting, and the same shall be audited by them and collected in the same manner as amounts voted at town meetings. L. 1890, c. 568, § 10, as am'd L. 1895, c. 606. [Note.- Revised from L. 1858, c. 103, § 1, and L. 1865, c. 442, § 1. ed., p. 1370.) As originally enacted, without material change. unsafe," in the third line, are new.]

(See Birdseye's R. S., 1st The words or become

66

79 N. Y. 207; 93 id. 397; 31 Hun, 510; 57 id. 346; 83 id. 432; 32 N. Y. St. R. 408; 64 id. 421; 92 Hun, 587; 2 App. Div. 24.

11 Auditing expense thereof. The town board may be convened in special sessions by the supervisor, or in his absence, by the town clerk, upon the written request of any commissioners of highways, and the bills and expenses incurred in the erection or repairs of any such highways or bridges, may then be presented to, and audited by the town board; and the supervisor and town clerk shall issue a certificate, to be subscribed by them, setting forth the amount so audited and allowed, and in whose favor, and the nature of the work done and material furnished, and such certificate shall bear interest from its date, and the amount thereof, with interest, shall be levied and collected in the same manner as other town expenses. Id., § 11.

[Note.- Revised from L. 1858, c. 103, § 2. (See Birdseye's R. S., 1st ed., p. 3102.) Without material change except that the former provisions named the board of town auditors instead of the town board.]

114 N. Y. 317; 83 Hun, 432; 92 id. 587, 588; 64 N. Y. St. R. 421.

12 Accounts, how made out. No account for services rendered, or material furnished according to the provisions of this chapter, shall be allowed by such board unless the same shall be verified in the same manner as town accounts are required by law to be verified, nor unless the commissioners of highways shall certify that the service has been actually performed, and the material was actually furnished, and that the same was so performed or furnished by the request of such commissioners; and the town board may require and take such other proof as they may deem proper, to establish any claim for such labor and material, and the value thereof. Id., § 12.

[Note.- Revised from L. 1858, c. 103, § 3. (See Birdseye's R. S., 1st ed., p. 3102.) Without material change except that the former provisions named the board of town auditors instead of the town board.]

114 N. Y. 317; 83 Hun, 432; 92 id. 587; 64 N. Y. St. R. 421.

For verification, see Town Law, § 167.

13 Unsafe toll-bridge. Whenever complaint in writing, on oath, shall be made to the commissioners of highways of any town in which shall be, in whole or in part, any toll-bridge belonging to any person or corporation, representing that such toll-bridge has from any cause become, and is unsafe for the public use, such commissioners of highways shall forthwith make a careful and thorough examination of such toll-bridge, and if upon the examination thereof, they shall be of the opinion that the same has from any cause become dangerous or unsafe for public use, they shall thereupon give immediate notice to the owners of such toll-bridge, or to any agent of such owners, acting as such agent, in respect to such bridge, that they have on complaint made, carefully and thoroughly examined the bridge, and found it to be unsafe for the public use. Such owners shall thereupon immediately commence repairing the same, and cause such repairs to be made within one week from the day of such notice given, or such reasonable time thereafter as may be necessary to thoroughly repair the bridge, so as to make it in all respects, safe and convenient for public use; and for neglect to take prompt and effective measures so to repair the bridge, its owners shall forfeit twentyfive dollars; and shall not demand or receive any toll for using the bridge, until the same shall be fully repaired; and the commissioners of highways shall cause such repairs to be made, and the owners of the bridge shall be liable for the expense thereof, and for the services of the commissioners at two dollars per day; and upon the neglect or refusal to pay the same upon presentation of an account

thereof, the commissioners of highways may recover the same by action, in the name of the town. Id., § 13.

[Note.- Revised from L. 1873, c. 448, §§ 1-3. (See Birdseye's R. S., 1st ed., pp. 1369, 1370.) Without material change except that in the former provisions the expenses of repairing were in the first instance made a charge upon the town.]

14 Water pipes in highways. The commissioners of highways may, upon written application of any resident of their town, grant written permission to lay and maintain water pipes and hydrants under ground, within the portion therein described, of any highway within the town, but not under the traveled part of the highway, except across the same, for the purpose of supplying premises with water, upon condition that such pipes and hydrants shall be so laid as not to interrupt or interfere with public travel upon the highway; and the applicant shall replace all earth removed, and leave the highway in all respects in as good condition as before the laying of such pipes. Id., § 14.

[Note.- Revised from L. 1873, c. 63, §§ 1, 2, and L. 1886, c. 452, § 1. (See Birdseye's R. S., 1st ed., p. 1373.) Without material change. For other pipe lines in highway see Transportation Corporations Law, §§ 45, 61, 80.]

131 N. Y. 19; 42 N. Y. St. R. 284.

15 Actions for injuries to highways. The commissioners of highways may bring an action, in the name of the town, against any person or corporation, to sustain the rights of the public in and to any highway in the town, and to enforce the performance of any duty enjoined upon any person or corporation in relation thereto, and to recover any damages sustained or suffered or expenses incurred by such town, in consequence of any act or omission of any such person or corporation, in violation of any law or contract in relation to such highway. Id., § 15.

[Note.— Revised from L. 1855, c. 255, §§ 1, 2, and L. 1878, c. 49, § 4. (See Birdseye's R. S., 1st ed., pp. 1344, 1345, 3332.) Except as to the destruction of weeds, this provision formerly referred only to railroad corporations.]

123 N. Y. 580; 133 id. 70; 34 N. Y. St. R. 488; 38 id. 958; 44 id. 88; 50 id. 671; 56 id. 767; 61 id. 792; 75 Hun, 366: 66 id. 377; 92 id. 131.

16 Liability of towns for defective highways. Every town shall be liable for all damages to person or property, sustained by reason of any defect in its highways or bridges, existing because of the neglect of any commissioner of highways of such town. No action shall be maintained against any town to recover such damages, unless a verified statement of the cause of action shall have been presented to the supervisor of the town, within six months after the cause of action accrued; and no such action shall be commenced until fifteen days after the service of such statement. Id., § 16.

[Note.- Revised from L. 1881, c. 700, § 1. (See Birdseye's R. S., 1st ed., p. 1377.) The last sentence seems to be new.]

3 T. & C. 416; 75 N. Y. 316; 104 id. 552; 30 Hun, 168; 34 id. 140; 39 id. 448; 40 id. 190; 46 id. 41; 53 id. 214; 116 N. Y. 476; 118 id. 19; 127 id. 40; 131 id. 382, 447; 133 id. 70; 142 id. 510; 58 Hun, 21; 62 id. 170; 64 id. 380; 66 id. 356; 69 id. 155; 80 id. 101; 84 id. 399, 510; 87 id. 507, 542; 33 N. Y. St. R. 438, 541; 37 id. 136; 40 id. 62; 41 id. 752, 807; 43 id. 317, 321; 44 id. 86; 46 id. 460; 50 id. 41; 52 id. 526; 53 id. 850; 60 id. 112; 61 id. 792; 5 App. Div. 577; 65 N. Y. St. R. 605.

17 Action by town against commissioners. If a judgment shall be recovered against a town for damages to person or property, sustained by reason of any defect in its highways, or bridges, existing because of the neglect of any commissioner of highways, such commissioner shall be liable to the town for the amount of the judgment, and interest thereon; but such judgment shall not be evidence of the negligence of the commissioners in the action against him. Id., § 17.

[Note.- Revised from L. 1881, c. 700, §§ 2, 3. (See Birdseye's R. S., 1st ed., p. 1377.) All after the words "for the amount of the judgment" appears tobe new.]

41 N. Y. St. R. 752; 5 App. Div. 577.

town may

18 Audit of damages without action. The town board of any audit as a town charge, in the same manner as other town charges are audited, any one claim not exceeding five hundred dollars, for damages to person or property, here

tofore or hereafter sustained by reason of defective highways or bridges in the town, if in their judgment it be for the interest of the town so to do; but no claim shall be so audited, unless it shall have been presented to the supervisor of the town, within six months after it accrued, nor if an action thereon shall be barred by the statute of limitations. The town board may also audit any unpaid judgment heretofore or hereafter recovered against a commissioner of highways for any such damages, if such town board shall be satisfied that he acted in good faith, and the defect causing such damage did not exist because of the negligence or misconduct of the commissioner, against whom such judgment shall have been recovered. L. 1890, c. 568, § 18.

[Note.- Revised from L. 1881, c. 700, § 4, and L. 1889, c. 146. (See Birdseye's R. S., 1st ed., p. 1377.) The last part of the first sentence, beginning with the words "but no claim shall be so audited," appears to be new. In the last sentence of the section the law formerly read, "willful misconduct or negligence," and provided for a special meeting of the town auditors, called by the supervisor, or, in his absence, by the town clerk, upon the written request of the claimant or of a commissioner of highways.]

114 N. Y. 317; 142 id. 510; 80 Hun, 101, 409; 84 id. 510; 87 id. 542; 88 id. 522.

19 Reports of commissioners. The commissioners of highways of each town shall make to the town board, at its first meeting in each year, a written report stating,

1. The labor assessed and performed,

2. The sum received by them for penalties, commutations and all other sources, and an itemized account of all moneys paid out during the year, with receipts in full by the respective parties to whom such money was paid;

3. The improvements which have been made on the highways and bridges, during the year immediately preceding such report, and the state of such highways and bridges; they shall also make at the second meeting of said board in each year, a statement of the improvements necessary to be made on such highways and bridges, and an estimate of the probable expense thereof, beyond what the labor to be assessed in that year will accomplish; a duplicate of which shall be delivered by the commissioners to the supervisor of the town, who shall present such duplicate statement to the board of supervisors, who shall cause the amount so estimated, not exceeding five hundred dollars in any one year, to be assessed, levied and collected, in such town, in the same manner as other town charges Id., § 19. [Note.- Revised from L. 1873, c. 395, § 7, and 1 R. S. *p. 502, §§ 3, 4; L. 1884, c. 396. (See Birdseye's R. S., 1st ed., pp. 1329, 1342.) The provision as to the report at the second meeting of said board in each year," in the third subdivision, is new. The limit of the annual tax was formerly $250. As to dates of meetings, see Town Law, S$ 160-162.]

36 Barb. 565; 1 Hill, 53; 7 Wend. 476; 44 How. Pr. 4; 40 Hun, 196; 57 id. 346; 24 id. 72; 93 id. 397; 116 N. Y. 476; 119 N. Y. 280; 133 N. Y. 477; 25 id. 521; 12 id. 58; 40 N. Y. St. R. 663; 45 id. 876; 32 id. 409; 10 N. Y. Supp. 841, 842; 15 id. 945.

20 General duties of overseers. Each overseer of highways in every town,

shall

1. Repair and keep in order the highways within his district.

11 Wend. 667; 63 Barb. 185; 46 Hun, 44; 32 N. Y. St. R. 482.

2. Warn all persons and corporations assessed to work on the highways in his district, to come and work thereon.

11 Wend. 667; 46 Hun, 44.

3. Cause the noxious weeds within the bounds of the highway within his district, to be cut down or destroyed twice in each year, once before the first day of July, and again before the first day of September; and the requisite labor therefor shall be considered highway work.

11 Wend. 667.

4. Collect all fines and commutation money, and execute all lawful orders of the commissioners.

11 Wend. 667; 46 Hun, 44.

5. Cause all loose stones lying on the beaten track of every highway within his

district, to be removed once in every month, from the first day of April until the first day of December.

6. Cause the monuments erected or to be erected, as the boundaries of highways, to be kept up and renewed, so that the extent of such highway boundaries may be publicly known. Id., § 20.

[Note.- Revised from 1 R. S. *p. 593, §§ 6 and 7, and p. 389, § 6. (See Birdseye's R. S., 1st ed., pp. 1329, 2962.) Without material change.]

10 N. Y. Supp. 609.

20a Power to purchase gravel; acquisition of same by condemnation; two or more districts may acquire right; payment by districts; expenses of proceedings. The overseers of highways of any road district of the state, with the consent of the commissioners of highways of the town, and the approval of the town board, shall have power to purchase of the owner of any gravel bed or pit within the town, gravel for the purpose of grading, repairing or otherwise improving the highways of the town at a price per cubic yard approved by said commissioners and town board. If such overseer can not agree with any such owner for the purchase of such gravel, the overseer, with the consent of such commissioners and the approval of such town board, shall have power to acquire by condemnation the right to take and use such gravel, provided, no gravel shall be so condemned within one thousand feet of any house or barn, or taken from any lawn, orchard or vineyard, and to remove the same from such bed or pit for the purpose of grading, repairing or otherwise improving such highways, together with the right of way to and from such bed or pit to be used for the purpose of such removal. The right to use such gravel or to take the same from any such bed or pit may be acquired under this section for two or more or all of the road districts of the town, in common; and if acquired for two or more or all of the districts, the commissioners of highways, with the approval of the town board, must make the purchase or acquire such right by condemnation. The amount agreed to be paid upon any such purchase, and the amount adjudged to be paid upon any such condemnation shall be paid by the districts in which such gravel shall be used, but the costs and expenses of the proceedings for the condemnation incurred by the overseer, shall be a charge upon the town, and shall be audited by the town board, and paid the same as other town charges. L. 1891, c. 309, § 1.

20b Abandonment and reversion of rights acquired. If the town shall abandon for the period of three years any right so acquired to use any gravel bed or pit or to take gravel therefrom, or if the overseer of highways of any such district wherein any such right shall have been so acquired, or the commissioners of highways of the town shall cease to use the same for the purposes for which it was acquired, the right of the town and of such overseer and commissioners thereto shall cease, and the ownership thereof shall revert to and become vested in the owner of such bed or pit at the time such right was acquired, or his heirs or assigns. Id., § 2.

21 Opening obstructed highways. Whenever the labor in any district has been worked out, commuted for, or returned to the supervisor, and the highways are obstructed by snow, or otherwise, and notice has been given to the overseer, in writing, by any two or more inhabitants of the town, liable to payment of highway tax, requesting the removal of such obstruction, the overseer of highways in such district, shall immediately call upon all persons and corporations liable to highway tax therein, to assist in removing such obstructions; and such labor, so called for by the overseer, shall be assessed upon those liable to perform the same, in proportion to their original assessments. And all persons so called out and failing to appear at the place designated by the overseer, or to commute at a dollar a day, within twenty-four hours after due notice, shall be liable to a fine at the rate of one dollar and fifty cents a day, for each day's labor they may be required to perform, which fine shall be collectible by the overseer, as such, by action in justice's court, and shall be applied to the purposes specified in this section.